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Assault by Penetration

Assault by Penetration

Assault by penetration involves penetration of the vagina or anus using a finger or other object. By contrast, rape involves penetration of the vagina, anus, or mouth using the penis.

Consent is agreement to an activity by choice, where a person has both the freedom and the mental ability to make the choice. In order for consent for sexual activity to be valid, the person agreeing has to understand what is happening, so that they can make an informed choice to agree to it. This means, for example, that if a person is drunk or under the influence of drugs, they may lose the capacity to consent.

The legal age for sexual activity is 16 years old. If the victim is younger than sixteen, the law says that they are not capable of consent. This is the case even if they agree to the activity. If the victim was under the age of 13 years old, a separate and much more serious offence applies: assault of a child under 13 by penetration.

Assault by penetration involves penetration of the vagina or anus using a finger or other object. By contrast, rape involves penetration of the vagina, anus, or mouth using the penis. In some cases, where the victim is unsure what body part or object the defendant used to penetrate their vagina or anus, the prosecution will choose to bring the charge of assault by penetration because it only requires them to prove that penetration took place, and not what the victim was penetrated with

We can help

As specialist sexual offences solicitors we have helped hundreds of clients avoid custodial sentences, and our preparation and expertise has lead to them being found not guilty, or the CPS dropping the case.

Once you have contacted us, one of our specialist Sexual offences Lawyer will carry out a detailed assessment of your case, and if we decide to take your case on, we will take detailed information surrounding the circumstances of the offence. Our experts will carry out detail research in respects of Complainant and full analysis of the case against you will be carried out. We can then assess the best possible defence to put forward on your behalf

Talk To A Specialist In Total Confidence.

For immediate assistance, please either call us on 033 03411690 or make a Free Online Enquiry. All enquiries are completely confidential.

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Offence NatureStarting PointRange
Penetration with a body part (fingers, toes or tongue) where no physical harm is sustained by the victim.2 years1 – 4 years
Penetration with an object8 years2 – 5 years
Penetration with an object or body part, accompanied by an aggravating factor (e.g. more than one offender; abuse of trust; sustained attack)3 years6 – 11 years

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What Our Clients Say

“It was the worse time of my life. My nephew had made allegation against me. I contacted Parnell and Peel, and from the very first conversation with Abdul, I knew he was the one to help me. Parnell used many experts including psychological ones to show that my nephew was not telling the truth, old phone records were also used to provide me with a defence. I was relieved when the Prosecution dropped by Case. I will forever be grateful to the team at Parnell.”


“Thank You, Thank you. I believed my life had ended. I was falsely accused of Rape and I didn’t know where to turn to. I contacted many solicitors, until deciding upon Parnell. It’s the best decision I ever made. The Prosecution offered no evidence, during the Crown Court hearing.”


“Parnell and Peel are magnificent, not only are they excellent at their jobs, but they are humans. Abdul was truly amazing, as was the whole team. The thought of prison for something I did not do was truly terrifying. Abduls amazing eye for detail saved the day. The prosecution had noty followed the correct procedure, and the witnesses had lied on oath. I was found not guilty”


“Brilliant, absolutely amazing firm. I contacted Abdul, having spoken to other firms, although more expensive, you simply get what you pay for. Attentive, inquisitive, and fantastic in Court, both Abdul and John wo represented me during my trial were excellent. Found not guilty of historic allegations.”